Skip to main content


Three Critical Mistakes to Avoid When Facing a DUI Charge in Ontario

Facing a DUI (Driving Under the Influence), Impaired Driving, Over 80, or Refusal to Take a Breathalyzer Test charge in Ontario can be daunting. Here are three common mistakes you should avoid to ensure the best possible outcome.

1. Don't Panic: Stay Calm and Seek Legal Advice

Firstly, while a DUI charge is indeed a severe issue with substantial implications, panicking can negatively affect your ability to make sound decisions. Panic can result in poor choices that may lead to avoidable, unfavorable outcomes. Remember, a DUI case may take several months or even over a year to conclude, so there's ample time to regain your composure and seek appropriate legal counsel for your DUI charge.

2. Don't Assume Defeat: Your DUI Case May Be Winnable

Secondly, even if the details of your DUI case appear unfavorable, it's crucial not to presume you'll lose. The responsibility of proving your guilt beyond a reasonable doubt falls on the Crown lawyers. There's a possibility that the evidence against you isn't as potent as you think, or there could be errors in the way your case was handled. If either scenario is accurate, your DUI charge might be beatable regardless of your current perspective.

3. Avoid Arguing Your Case at Your First Court Appearance

Lastly, when you were released from custody, you received paperwork with a court date. This date, known as a first appearance, is your initial court appearance for your DUI charge, but it's not your trial date. It's not the appropriate time to argue your case. Discussions about your case's merits will occur during resolution discussions with the Crown. These discussions take place outside the court at future dates and may be ongoing over several months. So, avoid arguing your case at your first court appearance—it's simply not the right moment.



https://youtu.be/ShjoyNqPCuE https://www.nextlaw.ca/2023/01/03/dui-first-offence-in-ontario-3-mistakes-to-avoid/

Comments

Popular posts from this blog

Stunt Driving Defence Costs: Why Choosing the Cheapest Lawyer Is the Most Expensive Mistake When Jonathan Cohen of Nextlaw discusses legal representation costs with prospective clients facing stunt driving charges, he consistently encounters the same flawed question: "How much does defence cost?" As Ontario's leading stunt driving lawyer, Jon Cohen has analyzed the economics of traffic defence across thousands of cases and identified a critical reality—the relevant question isn't what you'll pay for representation, but rather what conviction will cost compared to your legal investment. This comprehensive analysis examines the true financial mathematics of stunt driving defence, why block fee structures protect clients, and how choosing representation based solely on price represents the single most expensive decision defendants make. Understanding Block Fee Structures in Stunt Driving Defence Legal representative Jon Cohen exclusively employs block fee arran...
Why Office Location is Irrelevant When Choosing Ontario's Best Stunt Driving Lawyer When facing stunt driving charges under Section 172(1) of Ontario's Highway Traffic Act, many defendants make a critical error that could compromise their defence: choosing legal representation based solely on proximity to their courthouse. Jon Cohen, legal representative at Nextlaw—Ontario's leading stunt driving lawyer—explains why this geography-based approach is not only outdated but potentially harmful to your case outcome. The Virtual Court Revolution Changed Everything Since 2021, Ontario's court system has undergone a fundamental transformation that most defendants don't realize. Court appearances for legal representatives are now conducted one hundred percent online across all fifty-two Provincial Offences Courts in Ontario. This shift to virtual proceedings means that whether Nextlaw operates from its Toronto office at 250 University Avenue or any other location in On...
Getting your license back after a DUI can feel overwhelming. As a DUI lawyer, I'll explain the steps required to get you back on the road. Understanding the Suspension Process Immediate Administrative Suspension The moment you're charged with a DUI, you face a 90-day administrative driving license suspension. This occurs before any conviction and operates independently from court penalties. Your vehicle will be towed and impounded immediately. Court-Ordered Suspensions Upon conviction, judges must impose minimum driving prohibitions: - First offense: One-year minimum - Second offense: Two to five years - Third offense: Three years to life The final duration depends on aggravating factors in your case. Ministry of Transportation (MTO) Suspensions The MTO operates parallel to the courts with its own framework: - First offense: One-year suspension - Second offense: Three-year suspension - Third offense: Lifetime suspension (reviewable after 10 yea...